What is the name of your state? New York
I am trying to register my mark with the color red which may be found on the end of my product. My product is a steel tube/hose wherein on both ends I placed the color red. This is to distinguish my product from other competitors who use blue or yellow to distinguish their own.
My application was refused because the attorney said that the color is merely ornamental. But it is not!
How I can show him that the color is not ornamental nor is it functional?
I have not placed the product out in the market yet because I want to have a notice of allowance first before putting it out. How can I show him that the red color is distinctive enough to qualify for registration in the principal register? Should I go ahead and market it out now?
Or if I say that the color identifies and distinguishes the product from other products, will this be a strong argument in my favor?
I am trying to register my mark with the color red which may be found on the end of my product. My product is a steel tube/hose wherein on both ends I placed the color red. This is to distinguish my product from other competitors who use blue or yellow to distinguish their own.
My application was refused because the attorney said that the color is merely ornamental. But it is not!
How I can show him that the color is not ornamental nor is it functional?
I have not placed the product out in the market yet because I want to have a notice of allowance first before putting it out. How can I show him that the red color is distinctive enough to qualify for registration in the principal register? Should I go ahead and market it out now?
Or if I say that the color identifies and distinguishes the product from other products, will this be a strong argument in my favor?